1 | | - | ORIGINAL HOUSE ENGROSSED |
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2 | | - | BILL NO. HB0192 |
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3 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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4 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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5 | | - | 2025 GENERAL SESSION |
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| 1 | + | 2025 |
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| 2 | + | STATE OF WYOMING |
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| 3 | + | 25LSO-0530 |
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| 4 | + | ENGROSSED |
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| 5 | + | 1HB0192 |
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| 6 | + | HOUSE BILL NO. HB0192 |
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| 7 | + | Public utilities-wildfire mitigation and liability limits. |
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| 8 | + | Sponsored by: Representative(s) Larson, JT, Campbell, E, |
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| 9 | + | Lawley, Thayer and Wylie and Senator(s) |
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| 10 | + | Barlow, Dockstader, Jones and Schuler |
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| 11 | + | A BILL |
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| 12 | + | for |
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| 13 | + | 1 AN ACT relating to public utilities; requiring public |
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| 14 | + | 2 utilities to prepare and submit wildfire mitigation plans; |
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| 15 | + | 3 specifying procedures for the submission and review of |
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| 16 | + | 4 wildfire mitigation plans; specifying how costs associated |
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| 17 | + | 5 with wildfire mitigation plans may be recovered; specifying |
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| 18 | + | 6 limits for liability and damages for public utilities |
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| 19 | + | 7 related to wildfires; requiring rulemaking; specifying |
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| 20 | + | 8 applicability; and providing for effective dates. |
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| 21 | + | 9 |
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| 22 | + | 10 |
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| 23 | + | 11 |
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| 24 | + | 12. 37-3-401 through 37-3-405 are created to |
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| 25 | + | 13 read: |
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| 26 | + | 14 |
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| 27 | + | 15 ARTICLE 4 2025STATE OF WYOMING25LSO-0530 |
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| 28 | + | ENGROSSED |
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| 29 | + | 2HB0192 |
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| 30 | + | 1 WILDFIRE MITIGATION |
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| 31 | + | 2 |
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| 32 | + | 3 |
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| 33 | + | 4 |
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| 34 | + | 5 (a) As used in this article: |
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| 35 | + | 6 |
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| 36 | + | 7 (i) "Economic loss" means pecuniary loss, |
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| 37 | + | 8 including losses resulting from medical expenses, business |
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| 38 | + | 9 interruption, loss of business, property damage loss, |
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| 39 | + | 10 replacement services loss, loss due to death and burial |
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| 40 | + | 11 costs to the extent recovery for the loss is allowed under |
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| 41 | + | 12 the laws of Wyoming; |
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| 42 | + | 13 |
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| 43 | + | 14 (ii) "Electric utility" means any person, |
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| 44 | + | 15 including cooperative electric utilities that perform any |
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| 45 | + | 16 of the functions specified in W.S. 37-1-101(a)(vi)(C), that |
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| 46 | + | 17 is authorized to engage in business in Wyoming and that is |
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| 47 | + | 18 primarily engaged in the generation, transmission or sale |
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| 48 | + | 19 of electric energy. "Electric utility" shall not include |
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| 49 | + | 20 any electric utility owned or operated by a city or town; |
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| 50 | + | 21 |
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| 51 | + | 22 (iii) "Wildfire" means an unplanned, unwanted |
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| 52 | + | 23 fire burning within Wyoming that may impact, damage or 2025STATE OF WYOMING25LSO-0530 |
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| 53 | + | ENGROSSED |
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| 54 | + | 3HB0192 |
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| 55 | + | 1 cause harm to natural resources, agricultural resources, |
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| 56 | + | 2 homes and property or that threatens lives and safety. |
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| 57 | + | 3 |
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| 58 | + | 4 |
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| 59 | + | 5 |
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| 60 | + | 6 |
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| 61 | + | 7 Nothing in this article shall be construed to limit the |
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| 62 | + | 8 commission's authority to regulate utilities or promulgate |
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| 63 | + | 9 rules under other provisions of this title. |
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| 64 | + | 10 |
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| 65 | + | 11 |
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| 66 | + | 12 |
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| 67 | + | 13 |
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| 68 | + | 14 (a) Each electric utility shall prepare a wildfire |
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| 69 | + | 15 mitigation plan that shall include, at a minimum: |
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| 70 | + | 16 |
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| 71 | + | 17 (i) A description of the electric utility's |
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| 72 | + | 18 service territory and the areas within the service |
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| 73 | + | 19 territory or rights-of-way that may be subject to a |
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| 74 | + | 20 heightened risk of wildfire; |
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| 75 | + | 21 |
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| 76 | + | 22 (ii) A description of the procedures, standards |
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| 77 | + | 23 and schedules that the electric utility will use to inspect 2025STATE OF WYOMING25LSO-0530 |
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| 78 | + | ENGROSSED |
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| 79 | + | 4HB0192 |
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| 80 | + | 1 and operate its transmission and distribution |
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| 81 | + | 2 infrastructure, if any; |
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| 82 | + | 3 |
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| 83 | + | 4 (iii) A description of the procedures and |
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| 84 | + | 5 standards that the electric utility will use to perform |
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| 85 | + | 6 vegetation management; |
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| 86 | + | 7 |
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| 87 | + | 8 (iv) A description of proposed modifications, |
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| 88 | + | 9 replacements and upgrades to facilities and preventative |
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| 89 | + | 10 programs that the electric utility will implement to reduce |
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| 90 | + | 11 the risk of its electric facilities initiating a wildfire; |
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| 91 | + | 12 |
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| 92 | + | 13 (v) A description of how the electric utility's |
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| 93 | + | 14 wildfire mitigation strategies and policies have changed in |
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| 94 | + | 15 the immediately preceding five (5) years; |
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| 95 | + | 16 |
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| 96 | + | 17 (vi) A description of how the electric utility |
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| 97 | + | 18 will coordinate with other electric utilities regarding any |
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| 98 | + | 19 shared facilities; |
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| 99 | + | 20 |
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| 100 | + | 21 (vii) A description of procedures and |
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| 101 | + | 22 considerations for de-energizing power lines and disabling |
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| 102 | + | 23 reclosers to mitigate potential fires, including: 2025STATE OF WYOMING25LSO-0530 |
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| 103 | + | ENGROSSED |
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| 104 | + | 5HB0192 |
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7 | | - | AN ACT relating to public utilities; requiring public |
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8 | | - | utilities to prepare and submit wildfire mitigation plans; |
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9 | | - | specifying procedures for the submission and review of |
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10 | | - | wildfire mitigation plans; specifying how costs associated |
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11 | | - | with wildfire mitigation plans may be recovered; specifying |
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12 | | - | limits for liability and damages for public utilities |
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13 | | - | related to wildfires; requiring rulemaking; specifying |
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14 | | - | applicability; and providing for effective dates. |
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15 | | - | Be It Enacted by the Legislature of the State of Wyoming: |
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16 | | - | Section 1. 37-3-401 through 37-3-405 are created to |
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17 | | - | read: |
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18 | | - | ARTICLE 4 |
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19 | | - | WILDFIRE MITIGATION |
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20 | | - | 37-3-401. Definitions. |
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21 | | - | (a) As used in this article: |
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22 | | - | (i) "Economic loss" means pecuniary loss, |
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23 | | - | including losses resulting from medical expenses, business |
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24 | | - | interruption, loss of business, property damage loss, |
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25 | | - | replacement services loss, loss due to death and burial |
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26 | | - | costs to the extent recovery for the loss is allowed under |
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27 | | - | the laws of Wyoming; |
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28 | | - | (ii) "Electric utility" means any person, |
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29 | | - | including cooperative electric utilities that perform any |
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30 | | - | of the functions specified in W.S. 37-1-101(a)(vi)(C), that |
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31 | | - | is authorized to engage in business in Wyoming and that is |
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32 | | - | primarily engaged in the generation, transmission or sale |
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33 | | - | of electric energy. "Electric utility" shall not include |
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34 | | - | any electric utility owned or operated by a city or town; ORIGINAL HOUSE ENGROSSED |
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35 | | - | BILL NO. HB0192 |
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36 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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37 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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38 | | - | 2025 GENERAL SESSION |
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| 106 | + | 2 (A) The ability of the electric utility to |
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| 107 | + | 3 reasonably access the proposed power line to be |
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| 108 | + | 4 de-energized; |
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| 109 | + | 5 |
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| 110 | + | 6 (B) Balancing the risk of wildfire with the |
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| 111 | + | 7 need for the continued supply of electricity to a |
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| 112 | + | 8 community; |
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| 113 | + | 9 |
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| 114 | + | 10 (C) Any potential impact that de-energizing |
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| 115 | + | 11 lines may have on the resilience of the remainder of the |
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| 116 | + | 12 electric utility's transmission and distribution |
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| 117 | + | 13 facilities, if any; |
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| 118 | + | 14 |
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| 119 | + | 15 (D) The need to provide notice to customers |
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| 120 | + | 16 and the public before or as soon as practicable after |
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| 121 | + | 17 de-energization; |
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| 122 | + | 18 |
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| 123 | + | 19 (E) Any need to communicate and coordinate |
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| 124 | + | 20 with any other electric utilities that may be impacted by a |
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| 125 | + | 21 de-energization and any plans to accomplish communications, |
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| 126 | + | 22 including communications with transmission operators, |
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| 127 | + | 23 reliability coordinators and cooperative member systems; 2025STATE OF WYOMING25LSO-0530 |
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| 128 | + | ENGROSSED |
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| 129 | + | 6HB01921 |
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| 130 | + | 2 (F) Anticipated potential impacts to public |
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| 131 | + | 3 safety. |
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| 132 | + | 4 |
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| 133 | + | 5 (viii) A description of the procedures the |
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| 134 | + | 6 electric utility intends to use to restore its electrical |
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| 135 | + | 7 system in the event of a wildfire; |
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| 136 | + | 8 |
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| 137 | + | 9 (ix) For electric utilities whose rates are |
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| 138 | + | 10 regulated by the commission, a description of the estimated |
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| 139 | + | 11 incremental costs and potential associated rate impacts for |
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| 140 | + | 12 the implementation of the wildfire mitigation plan, |
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| 141 | + | 13 including system improvements and upgrades; |
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| 142 | + | 14 |
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| 143 | + | 15 (x) A description of community outreach and |
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| 144 | + | 16 public awareness efforts before and during the wildfire |
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| 145 | + | 17 season, particularly in areas impacted by wildfires or |
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| 146 | + | 18 de-energizations; |
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| 147 | + | 19 |
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| 148 | + | 20 (xi) A description of potential participation |
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| 149 | + | 21 with emergency coordinators, if applicable; |
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| 150 | + | 22 2025STATE OF WYOMING25LSO-0530 |
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| 151 | + | ENGROSSED |
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| 152 | + | 7HB01921 (xii) Input from the Wyoming state forestry |
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| 153 | + | 2 division of the office of state lands and investments, an |
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| 154 | + | 3 association representing Wyoming rural firefighters and any |
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| 155 | + | 4 other appropriate federal, state or local fire entity. |
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| 156 | + | 5 |
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| 157 | + | 6 |
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| 158 | + | 7 |
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| 159 | + | 8 |
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| 160 | + | 9 (a) An electric utility shall apply to the commission |
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| 161 | + | 10 for approval of a wildfire mitigation plan. |
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| 162 | + | 11 |
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| 163 | + | 12 (b) Upon receiving an application for approval of a |
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| 164 | + | 13 wildfire mitigation plan, the commission shall, not later |
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| 165 | + | 14 than one hundred twenty (120) days after receipt, unless |
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| 166 | + | 15 the commission deems it is necessary to continue the |
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| 167 | + | 16 implementation of the wildfire mitigation plan for a longer |
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| 168 | + | 17 period of time and the commission has entered an order |
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| 169 | + | 18 confirming the continuance and stating the facts making the |
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| 170 | + | 19 continuance necessary, approve the plan if the plan is |
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| 171 | + | 20 reasonable, in the public interest and appropriately |
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| 172 | + | 21 balances the costs of implementing the plan with the risks |
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| 173 | + | 22 of a potential wildfire. For electric utilities whose rates |
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| 174 | + | 23 are regulated by the commission, approval of a wildfire 2025STATE OF WYOMING25LSO-0530 |
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| 175 | + | ENGROSSED |
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| 176 | + | 8HB0192 |
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| 177 | + | 1 mitigation plan shall not automatically confer to the |
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| 178 | + | 2 electric utility the right to recover the costs associated |
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| 179 | + | 3 with the wildfire mitigation plan. An electric utility |
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| 180 | + | 4 whose rates are regulated by the commission may seek, and |
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| 181 | + | 5 the commission may authorize, cost recovery for the costs |
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| 182 | + | 6 associated with implementing a wildfire mitigation plan. |
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| 183 | + | 7 |
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| 184 | + | 8 (c) Each electric utility shall submit subsequent or |
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| 185 | + | 9 updated plans to the commission not later than every fifth |
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| 186 | + | 10 year after the electric utility last submitted a plan to |
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| 187 | + | 11 the commission or as ordered by the commission. The |
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| 188 | + | 12 commission shall review and approve subsequent plans in |
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| 189 | + | 13 accordance with subsection (b) of this section. |
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| 190 | + | 14 |
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| 191 | + | 15 (d) Not later than June 1 in the year following any |
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| 192 | + | 16 year in which the commission approves a wildfire mitigation |
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| 193 | + | 17 plan under this section, an electric utility shall file an |
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| 194 | + | 18 annual report with the commission detailing the electric |
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| 195 | + | 19 utility's compliance with the approved wildfire mitigation |
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| 196 | + | 20 plan and shall request an order of the commission finding |
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| 197 | + | 21 that the electric utility has substantially complied with |
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| 198 | + | 22 the plan during the preceding year. |
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| 199 | + | 23 2025STATE OF WYOMING25LSO-0530 |
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| 200 | + | ENGROSSED |
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| 201 | + | 9HB01921 |
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40 | | - | (iii) "Wildfire" means an unplanned, unwanted |
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41 | | - | fire burning within Wyoming that may impact, damage or |
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42 | | - | cause harm to natural resources, agricultural resources, |
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43 | | - | homes and property or that threatens lives and safety. |
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44 | | - | 37-3-402. Wildfire mitigation plans; preemption; |
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45 | | - | commission authority; applicability. |
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46 | | - | (a) Nothing in this article shall be construed to |
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47 | | - | limit the commission's authority to regulate utilities or |
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48 | | - | promulgate rules under other provisions of this title. |
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49 | | - | (b) Wildfire mitigation plans approved by the |
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50 | | - | commission shall preempt any part of a local land use plan |
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51 | | - | or ordinance that would impede or preclude an electric |
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52 | | - | utility from implementing the wildfire mitigation plan. |
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53 | | - | 37-3-403. Electric utilities; wildfire mitigation |
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54 | | - | plans; contents. |
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55 | | - | (a) Each electric utility shall prepare a wildfire |
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56 | | - | mitigation plan that shall include, at a minimum: |
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57 | | - | (i) A description of the electric utility's |
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58 | | - | service territory and the areas within the service |
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59 | | - | territory or rights-of-way that may be subject to a |
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60 | | - | heightened risk of wildfire; |
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61 | | - | (ii) A description of the procedures, standards |
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62 | | - | and schedules that the electric utility will use to inspect |
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63 | | - | and operate its transmission and distribution |
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64 | | - | infrastructure, if any; ORIGINAL HOUSE ENGROSSED |
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65 | | - | BILL NO. HB0192 |
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66 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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67 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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68 | | - | 2025 GENERAL SESSION |
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69 | | - | 3(iii) A description of the procedures and |
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70 | | - | standards that the electric utility will use to perform |
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71 | | - | vegetation management; |
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72 | | - | (iv) A description of proposed modifications, |
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73 | | - | replacements and upgrades to facilities and preventative |
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74 | | - | programs that the electric utility will implement to reduce |
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75 | | - | the risk of its electric facilities initiating a wildfire; |
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76 | | - | (v) A description of how the electric utility's |
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77 | | - | wildfire mitigation strategies and policies have changed in |
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78 | | - | the immediately preceding five (5) years; |
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79 | | - | (vi) A description of how the electric utility |
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80 | | - | will coordinate with other electric utilities regarding any |
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81 | | - | shared facilities; |
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82 | | - | (vii) A description of procedures and |
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83 | | - | considerations for de-energizing power lines and disabling |
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84 | | - | reclosers to mitigate potential fires, including: |
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85 | | - | (A) The ability of the electric utility to |
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86 | | - | reasonably access the proposed power line to be |
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87 | | - | de-energized; |
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88 | | - | (B) Balancing the risk of wildfire with the |
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89 | | - | need for the continued supply of electricity to a |
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90 | | - | community; |
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91 | | - | (C) Any potential impact that de-energizing |
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92 | | - | lines may have on the resilience of the remainder of the |
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93 | | - | electric utility's transmission and distribution |
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94 | | - | facilities, if any; ORIGINAL HOUSE ENGROSSED |
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95 | | - | BILL NO. HB0192 |
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96 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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97 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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98 | | - | 2025 GENERAL SESSION |
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99 | | - | 4 (D) The need to provide notice to customers |
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100 | | - | and the public before or as soon as practicable after |
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101 | | - | de-energization; |
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102 | | - | (E) Any need to communicate and coordinate |
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103 | | - | with any other electric utilities that may be impacted by a |
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104 | | - | de-energization and any plans to accomplish communications, |
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105 | | - | including communications with transmission operators, |
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106 | | - | reliability coordinators and cooperative member systems; |
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107 | | - | (F) Anticipated potential impacts to public |
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108 | | - | safety. |
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109 | | - | (viii) A description of the procedures the |
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110 | | - | electric utility intends to use to restore its electrical |
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111 | | - | system in the event of a wildfire; |
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112 | | - | (ix) For electric utilities whose rates are |
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113 | | - | regulated by the commission, a description of the estimated |
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114 | | - | incremental costs and potential associated rate impacts for |
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115 | | - | the implementation of the wildfire mitigation plan, |
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116 | | - | including system improvements and upgrades; |
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117 | | - | (x) A description of community outreach and |
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118 | | - | public awareness efforts before and during the wildfire |
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119 | | - | season, particularly in areas impacted by wildfires or |
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120 | | - | de-energizations; |
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121 | | - | (xi) A description of potential participation |
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122 | | - | with emergency coordinators, if applicable; |
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123 | | - | (xii) Input from the Wyoming state forestry |
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124 | | - | division of the office of state lands and investments, an |
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125 | | - | association representing Wyoming rural firefighters, ORIGINAL HOUSE ENGROSSED |
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126 | | - | BILL NO. HB0192 |
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127 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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128 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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129 | | - | 2025 GENERAL SESSION |
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| 203 | + | 3 |
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| 204 | + | 4 (a) Except as otherwise provided in this section, |
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| 205 | + | 5 there shall be a presumption in any civil action that the |
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| 206 | + | 6 approved wildfire mitigation plan is a reasonable and |
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| 207 | + | 7 prudent preparation for, and mitigation of, wildfire risk. |
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| 208 | + | 8 |
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| 209 | + | 9 (b) An electric utility and a landowner with an |
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| 210 | + | 10 alleged wildfire related claim shall negotiate in good |
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| 211 | + | 11 faith before any landowner files a civil action against the |
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| 212 | + | 12 electric utility. During negotiations, an electric utility |
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| 213 | + | 13 shall respond to a landowner not later than ninety (90) |
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| 214 | + | 14 days after receipt of the landowner's submission of |
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| 215 | + | 15 itemized damages. |
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| 216 | + | 16 |
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| 217 | + | 17 (c) A plaintiff may recover economic loss from an |
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| 218 | + | 18 electric utility as a result of a wildfire only if the |
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| 219 | + | 19 plaintiff shows one (1) or more of the following by a |
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| 220 | + | 20 preponderance of the evidence: |
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| 221 | + | 21 |
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| 222 | + | 22 (i) The electric utility failed to substantially |
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| 223 | + | 23 comply with an approved wildfire mitigation plan, and that 2025STATE OF WYOMING25LSO-0530 |
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| 224 | + | ENGROSSED |
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| 225 | + | 10HB0192 |
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| 226 | + | 1 failure was the actual and proximate cause of the damages |
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| 227 | + | 2 to the plaintiff. For purposes of this paragraph, an |
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| 228 | + | 3 electric utility shall be deemed to have substantially |
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| 229 | + | 4 complied with the wildfire mitigation plan if the electric |
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| 230 | + | 5 utility attempted in good faith to comply with the plan but |
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| 231 | + | 6 was denied or unreasonably delayed access to a right-of-way |
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| 232 | + | 7 after the electric utility requested access to the |
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| 233 | + | 8 right-of-way to perform vegetation management or fire |
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| 234 | + | 9 mitigation work in accordance with the plan; |
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| 235 | + | 10 |
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| 236 | + | 11 (ii) The electric utility acted with malice or |
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| 237 | + | 12 criminal intent, and the electric utility's action was the |
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| 238 | + | 13 actual and proximate cause of the damages to the plaintiff. |
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| 239 | + | 14 |
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| 240 | + | 15 (d) The following shall apply in any civil action |
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| 241 | + | 16 that any plaintiff brings against an electric utility for |
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| 242 | + | 17 damages caused by wildfire: |
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| 243 | + | 18 |
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| 244 | + | 19 (i) An action against an electric utility for |
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| 245 | + | 20 damages caused by a wildfire shall be brought not later |
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| 246 | + | 21 than four (4) years after the date of the ignition of the |
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| 247 | + | 22 wildfire; |
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| 248 | + | 23 2025STATE OF WYOMING25LSO-0530 |
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| 249 | + | ENGROSSED |
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| 250 | + | 11HB01921 (ii) A plaintiff may recover economic losses; |
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| 251 | + | 2 |
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| 252 | + | 3 (iii) No plaintiff shall recover noneconomic |
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| 253 | + | 4 damages unless the plaintiff's claim is based on the injury |
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| 254 | + | 5 or death of any person in a wildfire; |
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| 255 | + | 6 |
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| 256 | + | 7 (iv) Nothing in this section shall be construed |
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| 257 | + | 8 to limit any defenses that an electric utility may be |
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| 258 | + | 9 entitled to raise in a civil action for damages caused by |
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| 259 | + | 10 wildfire. |
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| 260 | + | 11 |
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| 261 | + | 12Nothing in this act shall be construed to |
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| 262 | + | 13 impair, alter or preempt any terms or agreements in |
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| 263 | + | 14 original grants of easements made before July 1, 2025. |
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| 264 | + | 15 |
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| 265 | + | 16The public service commission may |
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| 266 | + | 17 promulgate any rules necessary to implement this act. |
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| 267 | + | 18 2025STATE OF WYOMING25LSO-0530 |
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| 268 | + | ENGROSSED |
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| 269 | + | 12HB01921. |
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| 270 | + | 2 |
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| 271 | + | 3 (a) Except as provided in subsection (b) of this |
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| 272 | + | 4 section, this act is effective July 1, 2025. |
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131 | | - | counties and any other appropriate federal, state or local |
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132 | | - | fire entity. |
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133 | | - | (b) Not later than five (5) business days after a |
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134 | | - | fire mitigation plan is submitted to the public service |
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135 | | - | commission for approval under W.S. 37-3-404(a), the |
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136 | | - | electric utility shall provide direct notice that a |
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137 | | - | wildfire mitigation plan has been filed with the public |
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138 | | - | service commission to all conservation districts, |
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139 | | - | municipalities and counties in the electric utility's |
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140 | | - | Wyoming service territories. |
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141 | | - | 37-3-404. Wildfire mitigation plans; commission |
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142 | | - | approval. |
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143 | | - | (a) An electric utility shall apply to the commission |
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144 | | - | for approval of a wildfire mitigation plan. |
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145 | | - | (b) Upon receiving an application for approval of a |
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146 | | - | wildfire mitigation plan, the commission shall, not later |
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147 | | - | than one hundred twenty (120) days after receipt, unless |
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148 | | - | the commission deems it is necessary to continue the |
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149 | | - | implementation of the wildfire mitigation plan for a longer |
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150 | | - | period of time and the commission has entered an order |
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151 | | - | confirming the continuance and stating the facts making the |
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152 | | - | continuance necessary, approve the plan if the plan is |
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153 | | - | reasonable, in the public interest and appropriately |
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154 | | - | balances the costs of implementing the plan with the risks |
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155 | | - | of a potential wildfire. For electric utilities whose rates |
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156 | | - | are regulated by the commission, approval of a wildfire |
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157 | | - | mitigation plan shall not automatically confer to the |
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158 | | - | electric utility the right to recover the costs associated |
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159 | | - | with the wildfire mitigation plan. An electric utility |
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160 | | - | whose rates are regulated by the commission may seek, and ORIGINAL HOUSE ENGROSSED |
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161 | | - | BILL NO. HB0192 |
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162 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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163 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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164 | | - | 2025 GENERAL SESSION |
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165 | | - | 6 |
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166 | | - | the commission may authorize, cost recovery for the costs |
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167 | | - | associated with implementing a wildfire mitigation plan. |
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168 | | - | (c) Each electric utility shall submit subsequent or |
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169 | | - | updated plans to the commission not later than every fifth |
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170 | | - | year after the electric utility last submitted a plan to |
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171 | | - | the commission or as ordered by the commission. The |
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172 | | - | commission shall review and approve subsequent plans in |
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173 | | - | accordance with subsection (b) of this section. |
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174 | | - | (d) Not later than June 1 in the year following any |
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175 | | - | year in which the commission approves a wildfire mitigation |
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176 | | - | plan under this section, an electric utility shall file an |
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177 | | - | annual report with the commission detailing the electric |
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178 | | - | utility's compliance with the approved wildfire mitigation |
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179 | | - | plan and shall request an order of the commission finding |
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180 | | - | that the electric utility has substantially complied with |
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181 | | - | the plan during the preceding year. |
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182 | | - | 37-3-405. Wildfire mitigation plans; recovery of |
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183 | | - | costs. |
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184 | | - | (a) Except as otherwise provided in this section, |
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185 | | - | there shall be a presumption in any civil action that the |
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186 | | - | approved wildfire mitigation plan is a reasonable and |
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187 | | - | prudent preparation for, and mitigation of, wildfire risk. |
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188 | | - | (b) An electric utility and a landowner with an |
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189 | | - | alleged wildfire related claim shall negotiate in good |
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190 | | - | faith before any landowner files a civil action against the |
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191 | | - | electric utility. During negotiations, an electric utility |
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192 | | - | shall respond to a landowner not later than ninety (90) |
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193 | | - | days after receipt of the landowner's submission of |
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194 | | - | itemized damages. ORIGINAL HOUSE ENGROSSED |
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195 | | - | BILL NO. HB0192 |
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196 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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197 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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198 | | - | 2025 GENERAL SESSION |
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199 | | - | 7(c) A plaintiff may recover economic loss from an |
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200 | | - | electric utility as a result of a wildfire only if the |
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201 | | - | plaintiff shows one (1) or more of the following by a |
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202 | | - | preponderance of the evidence: |
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203 | | - | (i) The electric utility failed to substantially |
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204 | | - | comply with an approved wildfire mitigation plan, and that |
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205 | | - | failure was the actual and proximate cause of the damages |
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206 | | - | to the plaintiff. For purposes of this paragraph, an |
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207 | | - | electric utility shall be deemed to have substantially |
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208 | | - | complied with the wildfire mitigation plan if the electric |
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209 | | - | utility attempted in good faith to comply with the plan but |
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210 | | - | was denied or unreasonably delayed access to a right-of-way |
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211 | | - | after the electric utility requested access to the |
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212 | | - | right-of-way to perform vegetation management or fire |
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213 | | - | mitigation work in accordance with the plan and the denial |
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214 | | - | or delay was a proximate cause of the damages to the |
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215 | | - | plaintiff. A denial or delay shall not be deemed a |
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216 | | - | proximate cause of the damages unless the electric utility |
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217 | | - | made reasonable efforts to enforce their easement access |
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218 | | - | rights within a reasonable time; |
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219 | | - | (ii) The electric utility acted with gross |
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220 | | - | negligence, malice or criminal intent, and the electric |
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221 | | - | utility's action was the actual and proximate cause of the |
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222 | | - | damages to the plaintiff. |
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223 | | - | (d) The following shall apply in any civil action |
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224 | | - | filed under subsection (c) of this section that any |
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225 | | - | plaintiff brings against an electric utility for damages |
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226 | | - | caused by wildfire: |
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227 | | - | (i) An action against an electric utility for |
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228 | | - | damages caused by a wildfire shall be brought not later ORIGINAL HOUSE ENGROSSED |
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229 | | - | BILL NO. HB0192 |
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230 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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231 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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232 | | - | 2025 GENERAL SESSION |
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233 | | - | 8 |
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234 | | - | than four (4) years after the date of the ignition of the |
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235 | | - | wildfire; |
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236 | | - | (ii) A plaintiff may recover economic losses; |
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237 | | - | (iii) No plaintiff shall recover noneconomic |
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238 | | - | damages unless the plaintiff's claim is based on the injury |
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239 | | - | or death of any person in a wildfire; |
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240 | | - | (iv) Nothing in this section shall be construed |
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241 | | - | to limit any defenses that an electric utility may be |
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242 | | - | entitled to raise in a civil action for damages caused by |
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243 | | - | wildfire. |
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244 | | - | (e) Nothing in this section shall be construed to |
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245 | | - | apply to any action against an electric utility for: |
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246 | | - | (i) Any act or omission taken by the electric |
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247 | | - | utility that is not addressed or covered in the electric |
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248 | | - | utility's wildfire mitigation plan; |
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249 | | - | (ii) Any act or omission taken by the electric |
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250 | | - | utility that causes damages or losses not caused or created |
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251 | | - | by a wildfire. |
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252 | | - | Section 2. Nothing in this act shall be construed to |
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253 | | - | impair, alter or preempt any terms or agreements in grants |
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254 | | - | of easements or the terms in any other agreements between |
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255 | | - | electric utilities and third parties for the shared use of |
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256 | | - | facilities. |
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257 | | - | Section 3. The public service commission may |
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258 | | - | promulgate any rules necessary to implement this act. ORIGINAL HOUSE ENGROSSED |
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259 | | - | BILL NO. HB0192 |
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260 | | - | ENROLLED ACT NO. 58, HOUSE OF REPRESENTATIVES |
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261 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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262 | | - | 2025 GENERAL SESSION |
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263 | | - | 9Section 4. |
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264 | | - | (a) Except as provided in subsection (b) of this |
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265 | | - | section, this act is effective July 1, 2025. |
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266 | | - | (b) Sections 3 and 4 of this act are effective |
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267 | | - | immediately upon completion of all acts necessary for a |
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268 | | - | bill to become law as provided by Article 4, Section 8 of |
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269 | | - | the Wyoming Constitution. |
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270 | | - | (END) |
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271 | | - | Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________ |
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272 | | - | I hereby certify that this act originated in the House. |
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273 | | - | Chief Clerk |
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| 274 | + | 6 (b) Sections 3 and 4 of this act are effective |
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| 275 | + | 7 immediately upon completion of all acts necessary for a |
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| 276 | + | 8 bill to become law as provided by Article 4, Section 8 of |
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| 277 | + | 9 the Wyoming Constitution. |
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| 278 | + | 10 |
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| 279 | + | 11 (END) |
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